If I quit my job do to sexual harrasment am I able to receive any kind of compensation?

Asked about 5 years ago - Hermitage, PA

I have worked here since 2006. I am a manage and another manager has been very sexual toward many females including myself. I have received many complaints from crew mwmbers about him also. My manage has told me that she cannot say anything to him because she has not heard it herself. I do not wish to continue to work for someone who is not willing to help especially in a situation like this. I do not feel comfortable going to work knowing he is there. I feel traped. Is there any kind of compensation I can receive to support myself and children while searching for new employment?

Attorney answers (3)

  1. Harold Mark Goldner

    Contributor Level 11

    Answered . Pennsylvania (and Federal) law requires that you utilize any internal procedures for reporting sexual harassment if they exist. You should check your employee handbook and your employer's policies for this. If your employer has at least 4 employees, they are subject to the Pennsylvania Human Relations Act, and if they have at least 15 they are subject to Title VII of the Civil Rights Act, so they ought to have such policies.

    You should put that complaint *in writing,* keeping a copy and make sure that you report the conduct in accordance with the policy. Frankly, you might want to speak to a lawyer before you do so.

    However, if you just quit, you will be ineligible for unemployment compensation, and your failure to complain in writing through the proper channels can be fatal to a claim of sex discrimination.

    Pennsylvania does recognize 'constructive discharge,' that is, where you quit because no reasonable person would stay and deal with the harassment --- but if there is a mechanism and you don't use it, you won't be able to make that argument.

    If the conduct is as bad as you say, why not see a Pennsylvania employment lawyer soon?

  2. Herbert J Tan

    Contributor Level 17

    Answered . Since you manager failed to take action, you should first file a written complaint to HR. Then, should they fail to take remedial actions, you can then resign.

  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . Unemployment insurance is a program that may provide you with money if you lose your job through no fault of your own. If you quit your job without meeting these requirements, you may be denied benefits because you will be considered to have voluntarily quit your job. If you feel unsafe at your job despite taking other steps, you may be eligible.

    Because this matter is so important you should really get a lawyer. You might find my Legal Guide helpful " What Do I Tell My Lawyer?"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    Online we cannot know what the other details are going on in your case because online we cannot find out those details. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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